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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

BANKERS STANDARD INSURANCE COMPANY v. ELKAY MANUFACTURING COMPANY, et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:14-cv-00394 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
District of Arizona
Date Filed: 
Feb 28 2014

Pursuant to 28 U.S.C. §§ 1332 and 1446, and United States District Court Local
Rule 3.6, defendant General Electric Company ("GE") files this notice of removal of
action No. CV2014-002377, pending in the Superior Court of the State of Arizona,
County of Maricopa. In support of removal, GE states as follows:
1. GE and Elkay Manufacturing Company ("Elkay") are the only named
defendants in the action styled Baker's Standard Insurance Company v. Elkay et anor.,
No. CV2014-002377, pending in the Superior Court of the State of Arizona, County of
Maricopa.
2. GE was served with a copy of the Complaint in the state court action on
January 31, 2014. Attached hereto as Exhibit 1 are copies of all process, pleadings and
orders received by GE in the state court action. Upon information and belief, Elkay has
not yet been served with the Complaint.
2 3. GE has not pled, answered or otherwise appeared in the state court action.
3 4. Plaintiff Banker's Standard Insurance Company is a Pennsylvania company
4 with its principal place of business in Pennsylvania. GE is a New York company with its
5 principal place of business in Connecticut. Elkay is a Delaware company with its
6 principal place of business in Illinois.
7 5. Plaintiffs initial pleading does not contain a specific sum demanded, in
8 accordance with standard Arizona practice. Plaintiff asserted that the largest amount
9 sought exceeds the limits set forth by Maricopa County local rule for compulsory
10 arbitration, namely $50,000. Further, in pre-suit correspondence, the actual cash value for
11 repairs to the structure at issue was estimated to be $76,145.85. (See David Morse &
12 Associates Report, attached as Exhibit 2).
13 6. Removal is proper under 28 U.S.C. § 1441(a) because the district has
14 original jurisdiction as the action is between citizens of different states and the amount in
15 controversy exceeds the sum or value of $75,000. 28 U.S.C. § 1332(a).
16 7. This notice of removal is being filed within 30 days, pursuant to Rule 6(a),
17 Federal Rules of Civil Procedure, after receipt by GE of the initial pleading setting forth
18 the claims for relief in this action and is therefore timely filed pursuant to 28 U.S.C. §
19 1446(b).
20 8. Although Elkay has not yet been served in this matter, Elkay, through
21 counsel, has confirmed that it consents to the removal of this action. All defendants have
22 therefore consented to removal in accordance with 28 U.S.C. § 1446(b)(2)(a).
23 9. Written notice of the filing of this notice of removal has been given to the
24 plaintiff through counsel and has been filed with the Clerk of the Superior Court in the
25 State of Arizona for the County of Maricopa as provided by 28 U.S.C. § 1446(d) and
26 Local Rule 3.6.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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